Newton legislator Creem would restrict press from using children's names

Dan Atkinson / Staff Writer

Friday

Mar 19, 2010 at 12:01 AMMar 19, 2010 at 7:21 PM

A bill filed by Newton State Sen. Cynthia Creem would make it illegal for newspapers and other media to release the names and other personal information of people under 18 years old without the written consent of their parents.

Discuss on the TAB Blog

A bill filed by Newton State Sen. Cynthia Creem would make it illegal for newspapers and other media to release the names and other personal information of people under 18 years old without the written consent of their parents.

The bill, which Creem filed in Jan. 2009, has just been sent to a study committee, according to State House News Service. It restricts names, addresses and e-mail addresses but would make an exception for minors who are “a subject of legitimate public concern or interest.” A media outlet that violated the restriction would be open to civil lawsuits.

Creem said she filed the bill on behalf of a constituent who didn’t want someone using the names of her children without her knowledge. The Joint Committee on the Judiciary, which Creem chairs, held a public hearing on the bill last July.

Creem said the bill did not come out favorably for several reasons, with many parents who did want to see their children in the paper on the honor roll or for sports achievements. Taking time to get consent for those announcements would be cumbersome and lead to delays, she said.

“Many parents are excited when they open the TAB and have a child that scored a run or did something terrific … it’s an opportunity for their child to shine,” Creem said.

But while she said media concerns were also valid, news organizations should have to consider others’ worries.

“You have to balance the interest of the minor versus the interest of the media, the 1st Amendment is always a balancing process,” Creem said. “Is the public interest greater than the person’s interests? … Certainly, the 1st Amendment is something to think about, but we do treat minors differently.”

In a letter sent to the committee for last July’s public hearing, the Massachusetts Newspaper Publishers Association strongly opposed the proposal, saying it would violate the First Amendment and prior rulings allowing “lawfully obtained” information about juveniles to be published.

The bill is in study right now, where Creem is trying to find a compromise that would give relief parents who want to see their children in the media. But often, that process is a dead end for bills, Creem said.

“Many, many things that are put into study don’t get out of study,” she said.